Elwood Edwards, Inc. v. Kinsey

We will refer to the parties herein as they appeared in the trial court, where defendant in error was plaintiff.

On March 2, 1949, plaintiff filed his complaint in rescission in the district court alleging that defendant was an automobile dealer and on or about September 1, 1948, plaintiff purchased a new 1949 Hudson sedan for use as a pleasure and business car; that defendant impliedly warranted the automobile to be, in all respects, of high quality and reasonably fit for such purposes and of merchantable quality; that he relied on defendant’s skill and judgment and upon the implied warranty;…